JEET SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Impleadment application was filed by Ms. Chhaya Gupta along-with Mr. Sujeet Kumar, learned counsel, in order to implead the following persons namely Sajvindra Singh, Brijesh Kumar Sharma and Prashant Yadav as respondent nos.6, 7 and 8 in the array of parties.

(2.) The application for impleadment is allowed. The necessary impleadment be made in the array of parties within a week. Order of Writ Petition Heard learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondent nos.1 to 3. Mr. V. K. Srivastava, learned counsel, has accepted notice on behalf of respondent nos. 4 and 5. Mr. Sujeet Kumar, learned counsel, is representing newly added respondents no.6, 7 and 8. The petitioner has preferred the present writ petition with the following prayer :-

(3.) Learned counsel for the petitioner contended that certain teachers were wholly illegally appointed by the earlier Committee of Management and as such proceedings were initiated by the petitioner after he became Manager of the institution in question. It is contended by Mr. Sujeet Kumar appearing on behalf of newly aided respondents that the respondent no.6 and 7 were duly appointed in the institution in question on the post of Assistant Teacher and respondent no.8 was appointed on the post of clerk. It is further contended by Mr. Sujeet Kumar that the aforesaid respondents were duly paid their salary upto the month of March, 2018 but thereafter, wholly illegally, their salary was stopped since April, 2018. When the salary was not paid to the aforesaid persons, they approached to the District Basic Education Officer, Rampur, for the payment of their salary. It is further contended that in this regard the letters dated 10.8.2018 and 10.9.2018 were written by the District Basic Education Officer to the Manager of the institution in question for payment of salary to the respondents no.6, 7 and 8. Since respondents were not paid their salary they approached to the Joint Director of Education, 12th Region, Moradabad, in this regard a letter dated 22.12.2018 was written by the Joint Director of Education, 12th Region, Moradabad, to the District Basic Education Officer, Rampur, stating therein that certain teachers and employees were not paid their salary due to the fact that the salary bills were not forwarded by the institution. It appears that inspite of the said letter, no action was taken by the Manager of the institution in question for payment of salary to the respondents no.6, 7 and 8. Another letter dated 16.2.2019 was written by the Joint Director of Education, 12th Region, Moradabad to the District Basic Education Officer, Rampur, again reiterating the same facts. By the aforesaid letter Joint Director of Education, 12th Region, Moradabad, directed the District Basic Education Officer, Rampur, to call for the salary bills to the teachers and employees who were not paid their salary and the Manager be directed to submit the salary bills within a period of one week.